Legal Opinion

Wiggin v. Fitch

Supreme Judicial Court of Maine

Decided April 15, 1839Published

Error to reverse a judgment rendered by a justice of the peace, in an action brought by Wiggin against Fitch, to recover a fine for deficiency of arms and equipments at the annual inspection. The facts appear in the opinion of the Court.

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Error to reverse a judgment rendered by a justice of the peace, in an action brought by Wiggin against Fitch, to recover a fine for deficiency of arms and equipments at the annual inspection. The facts appear in the opinion of the Court. At tbe trial before the justice the defendant objected, that he was not legally and sufficiently notified of the time and place of parade and inspection of the company, because of the omission of the name of the private warning him in the order. This objection was Sustained by the justice. Tbe plaintiff’s counsel insisted, that tbe appearance of the defendant…

1Opinion of the Court

The opinion of the Court was, after a continuance for advisement, drawn up by

Emery J.

The only question which arose in this case was on the company order. It began, “ Militia of Maine, Company order. To-You are hereby ordered tp warn and give four days notice to all the non-commissioned officers and privates enrolled under my command, a list thereof being hereunto annexed, to appear with arms and equipments required by law.” It was in writing, properly dated, and signed, “ Robert A. Sanborn, Commanding Officer of the 6th Company of Infantry in the 2d Reg’t, 1 st Brig. 5th Division,” and…

2Cases cited4 opinions

  1. Hearsey v. BradburyMassachusetts Supreme Judicial Court · 1812
  2. Commonwealth v. DerbyMassachusetts Supreme Judicial Court · 1816
  3. State v. LeonardSuperior Court of New Hampshire · 1833
  4. Wood v. FletcherSuperior Court of New Hampshire · 1824

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